The Business Improvement Districts (England) Regulations 2004

Obtaining information from billing authority for the purpose of canvassing

11.—(1) As soon as practicable after instructing the ballot holder to hold a ballot (under regulation 5(1)), the relevant billing authority shall–

(a) prepare a document showing (as far as the relevant billing authority is able to ascertain from its non-domestic rates billing records at that time) the name of each non-domestic ratepayer and the address and rateable value of each hereditament which is occupied, or (if unoccupied) owned, by him in the geographical area to which any BID proposals, alteration proposals or renewal proposals, as the case may be, relate;

(b) provide a copy of the document referred to in paragraph (1)(a) to the ballot holder as soon after instructing as practicable; and

(c) make available for inspection by any person a copy of the information in the document referred to in sub-paragraph (a) at its principal office during normal working hours.

(2) On receiving a request (made in accordance with paragraph (3)) from–

(a) the BID proposer or BID body, as the case may be;

(b) any person who, or any group of persons which, represents 5 per cent. or more of the persons who are to be liable for any proposed BID levy,

the relevant billing authority shall supply a copy of the information in the document it is required to prepare under paragraph (1) to the person or group of persons concerned in data form.

(3) A request under paragraph (2) shall—

(a) be made in writing to the relevant billing authority;

(b) identify the BID ballot, alteration ballot, renewal ballot or re-ballot in relation to which the request is made;

(c) confirm that the person or group of persons making the request intends to make use of the information requested only for the purpose of canvassing persons entitled to vote in the BID ballot, alteration ballot, renewal ballot or re-ballot identified in the request made pursuant to paragraph (2); and

(d) be accompanied by the fee (if any) imposed by the relevant billing authority under paragraph (5).

(4) No person may—

(a) disclose to any person any information supplied to it under paragraph (2);

(b) make use of any such information,

otherwise than for the purpose of canvassing persons entitled to vote in the BID ballot, alteration ballot, renewal ballot or re-ballot identified in the request made pursuant to paragraph (2).

(5) The relevant billing authority may impose a charge in respect of dealing with a request and supplying the information under this regulation on the person to whom the information is to be supplied.

(6) The relevant billing authority shall ensure the amount of a charge imposed under paragraph (5) is reasonable having regard to the costs incurred or likely to be incurred by the authority in dealing with requests and supplying information under this regulation.